The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 475 Corporate Drive, Mahwah, N.J. was called to order at 8:00 P.M. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law, followed by the flag salute and roll call.

A motion to approve the Resolutons was made by Mr. Brotherton and seconded by Mr. Lamster. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

V. OPEN TO THE PUBLIC

A motion to open the meeting to the Public was made by Mr. Kelly and seconded by Mr. Donigian. All in favor.

A motion to close the meeting to the Public was made by Mayor Martel and seconded by Mr. Kelly.

VI. PUBLIC HEARINGS

A. E-BD-216-1429, 2 SWAN RD.

Bruce Whitaker, Attorney for the applicant was present. The applicant is requesting a modification to a prior Resolution of Approval. This modification has to do with the construction of a sewer for a single family home.

Herb Schlesinger, 29 Church Street, Ramsey, N.J. was sworn in. He stated that since the gravity system shown on the original plan will no longer be necessary, they have designed a much simpler system which is a single lot pump system. The applicant has agreed to the changes requested in the Malcolm Pirnie letter regarding the pipe.

A motion to open the meeting to the Public was made by Mr. Brotherton and seconded by Mr. DaPuzzo. All in favor.

A motion to close the meeting to the Public was made by Mr. Brotherton and seconded by Mr. DaPuzzo. All in favor.

As a condition of approval Mr. Donigian asked it be noted that there is an agreement between Mahwah and Ramsey regarding the sewer flow in that area and that the former route of travel for sewers is no longer required. Mr. Whitaker stated that it would be a modification of Paragraph 8 of the prior Resolution.

The applicant wishes to demolish an existing historic house located on Lot 2 of the previously approved and developed subdivision. The property is currently known as 5 Aronow Place.

Mr. Cohen stated that this property is not on the list of Historic Sites in Mahwah.

George Wald, 63 Danbury Down, Upper Saddle River was sworn in. He is a principal of Mahwah Land LLC. He described the existing house indicating that in his opinion it is structurally unsound and gave his reasons for wanting to demolish it. Mr. Wald stated that he would agree to move the structure if necessary.

Mr. Wald presented photos of the proposed homes to be built on this site. They were marked as Exhibit “A-1”.

The pictures of the Bungalow were marked “A-2” and the list of Historic Sites from the New Jersey Historic Preservation Society was marked “A-3”.

There was a discussion regarding the Resolution of Approval in 2001. It was determined that it was a condition of approval to have the house remain on the property and was agreed to by the applicant.

Mr. Wald stated that the property is ready for the construction of the proposed homes.

Mark Micucci, Structural Engineer, Valley Cottage, N. Y. was sworn in. He stated his credentials. Mr. Micucci gave his opinion as to the structural condition of the building with regard to the renovation and restoration of the structure. His report dated July 12, 2004 was marked Exhibit “A-4”.

The Plan was marked as “A-5”.

A motion to open to the public was made by Mr. DaPuzzo and seconded by Mr. Crean. All in favor.

Wayne McCabe, Historian for Mahwah Township Historic Preservation Commission appeared before the Board and was sworn in. Mr. McCabe presented 5 color photos of the house taken 3 years ago. They were marked as Exhibit “HP-1 (a-b-c-d-e-f)”. Mr. McCabe addressed the Resolution dated June 17, 2004 which was passed by the Historic Preservation Commission.

Mr. Cohen objected to the presentation of this Resolution since the applicant was never notified and was not present at that meeting. Mr. Scandariato stated that they would allow this to be presented and noted Mr. Cohen’s objection on the record. Mr. Donigian asked “is it required to be sent to the Historic Commission.” Mr. McCabe’s answer was “no”. Dr. Ross feels that the applicant should be asked to be present and maybe the Planning Board should provide a recommendation regarding this.

Mr. McCabe stated it is their considered opinion on behalf of the Commission and also the professional opinion as Architectural Historians and Planners that the building is the finest example of the craftsman style bungalow in the Municipality dating back to the first quarter of the twentieth century. He feels that this building is part of the cultural heritage of this Municipality.

Mr. McCabe stated that he personally visited the house approximately 1 year ago. In his professional opinion he feels this building is in reasonably sound condition and should not take a monumental amount of money to restore it to code. He also stated that he has not visited the interior of the building as the structural engineer had the opportunity to do and that they have not had the opportunity to review his report.

Mr. McCabe stated that this house is not listed in the Ordinance.

At the request of Dr. Ross and the Board, Mike Kelly stated that he would have someone from his firm give a structural evaluation of the house. Mr. Wald and Mr. McCabe will be present. Mr. Kelly will determine the structural integrity and the defects and will put together an estimate to restore it to safety standards.